# Official Journal C 46/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.046.eng |
| --- | --- |
| Official Journal
  of the European Union | C 46 |
| | |
| English edition | Information and Notices | Volume 5616 February 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.046.eng

Official Journal

of the European Union

C 46

English edition

Information and Notices

Volume 5616 February 2013

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| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Court of Justice of the European Union |
| 2013/C 046/01 | Last publication of the Court of Justice of the European Union in the Official Journal of the European UnionOJ C 38, 9.2.2013 | 1 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Court of Justice of the European Union

2013/C 046/01

Last publication of the Court of Justice of the European Union in the Official Journal of the European UnionOJ C 38, 9.2.2013

Official Journal of the European Union

1

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| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | Court of Justice |
| 2013/C 046/02 | Case C-534/10 P: Judgment of the Court (First Chamber) of 19 December 2012 — Brookfield New Zealand Ltd, Elaris SNC v Community Plant Variety Office (CPVO), Schniga GmbH (Appeal — Community plant variety rights — Regulation (EC) No 2100/94 — Article 73(2) — Decision of the Board of Appeal of the CPVO refusing an application for a Community plant variety right — Discretion — Review by the General Court — Article 55(4) read in conjunction with Article 61(1)(b) — Right of the CPVO to make a new request for the submission of plant material) | 2 |
| 2013/C 046/03 | Case C-577/10: Judgment of the Court (Fourth Chamber) of 19 December 2012 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Article 56 TFEU — Freedom to provide services — National legislation which imposes a prior declaration requirement on self-employed service providers established in other Member States — Criminal penalties — Obstacle to freedom to provide services — Objectively justified distinction — Overriding requirements in the public interest — Prevention of fraud — Protection against unfair competition — Protection of self-employed workers — Proportionality) | 2 |
| 2013/C 046/04 | Case C-68/11: Judgment of the Court (First Chamber) of 19 December 2012 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Environment — Directive 1999/30/EC — Pollution control — Limit values for concentrations of PM10 in ambient air) | 3 |
| 2013/C 046/05 | Case C-149/11: Judgment of the Court (Second Chamber) of 19 December 2012 (request for a preliminary ruling from the Gerechtshof te ’s-Gravenhage — Netherlands) — Leno Merken BV v Hagelkruis Beheer BV (Community trade mark — Regulation (EC) No 207/2009 — Article 15(1) — ‘Genuine use of the trade mark’ — Territorial scope of use — Use of the Community trade mark in a single Member State — Whether sufficient) | 3 |
| 2013/C 046/06 | Case C-159/11: Judgment of the Court (Grand Chamber) of 19 December 2012 (reference for a preliminary ruling from the Consiglio di Stato — Italy) — Azienda Sanitaria Locale di Lecce, Università del Salento v Ordine degli Ingegneri della Provincia di Lecce and Others (Public contracts — Directive 2004/18/EC — Article 1(2)(a) and (d) — Services — Study and evaluation of the seismic vulnerability of hospital structures — Contract concluded between two public entities, one of which is a university — Public entity capable of being classified as an economic operator — Contract for pecuniary interest — Consideration not exceeding the costs incurred) | 4 |
| 2013/C 046/07 | Case C-207/11: Judgment of the Court (First Chamber) of 19 December 2012 (request for a preliminary ruling from the Commissione tributaria regionale di Milano — Italy) — 3D I srl v Agenzia delle Entrate — Ufficio di Cremona (Taxation — Directive 90/434/EEC — Common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States — Articles 2, 4 and 9 — Transfer of assets — Taxation of the capital gains obtained by the transferring company at the time of the transfer of assets — Deferral of taxation — Requirement that a reserve fund for the suspended tax corresponding to the value of the capital gains obtained be carried over in the balance sheet of the transferring company) | 4 |
| 2013/C 046/08 | Case C-279/11: Judgment of the Court (Fourth Chamber) of 19 December 2012 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Directive 85/337/EEC — Assessment of the effects of certain public and private projects on the environment — Incorrect transposition — Annexe II — Point 1(a) to (c) — Judgment of the Court of Justice — Finding of infringement — Article 260 TFEU — Pecuniary penalties — Lump sum payment — Member State’s ability to pay — Economic crisis — Assessment on the basis of current economic data) | 5 |
| 2013/C 046/09 | Case C-288/11 P: Judgment of the Court (Eighth Chamber) of 19 December 2012 — Mitteldeutsche Flughafen AG, Flughafen Leipzig-Halle GmbH v European Commission, Federal Republic of Germany, Arbeitsgemeinschaft Deutscher Verkehrsflughäfen eV (ADV) (Appeal — State aids — Concept of ‘undertaking’ — Economic activity — Airport infrastructure construction — Runway) | 5 |
| 2013/C 046/10 | Case C-310/11: Judgment of the Court (Second Chamber) of 19 December 2012 (request for a preliminary ruling from the First-tier Tribunal (Tax Chamber) — United Kingdom) — Grattan plc v The Commissioners for Her Majesty’s Revenue & Customs (Taxation — VAT — Second Directive 67/228/EEC — Article 8(a) — Sixth Directive 77/388/EEC — Supply of goods — Basis of assessment — Commission paid by a mail order company to its agent — Purchases by third-party customers — Price reduction after the chargeable event — Direct effect) | 6 |
| 2013/C 046/11 | Case C-314/11 P: Judgment of the Court (First Chamber) of 19 December 2012 — European Commission v Planet AE (Appeals — Protection of the financial interests of the European Union — Identification of the level of risk associated with an entity — Early warning system — OLAF investigation — Decisions — Requests for activation of W1a and W1b warnings — Reviewable measures — Admissibility) | 6 |
| 2013/C 046/12 | Case C-325/11: Judgment of the Court (First Chamber) of 19 December 2012 (request for a preliminary ruling from the Sąd Rejonowy w Koszalinie — Poland) — Krystyna Alder, Ewald Alder v Sabina Orłowska, Czesław Orłowski (Regulation (EC) No 1393/2007 — Service of documents — Party domiciled in the territory of another Member State — Representative domiciled in national territory — None — Procedural documents placed in the case file — Presumption of knowledge) | 7 |
| 2013/C 046/13 | Case C-363/11: Judgment of the Court (Third Chamber) of 19 December 2012 (request for a preliminary ruling from the Elegktiko Sinedrio — Greece) — Epitropos tou Elegktikou Sinedriou sto Ipourgio Politismou kai Tourismou v Ipourgio Politismou kai Tourismou — Ipiresia Dimosionomikou Elenchou (Request for a preliminary ruling — Concept of ‘court or tribunal of a Member State’ within the meaning of Article 267 TFEU — Proceedings intended to lead to a decision of a judicial nature — National court of auditors ruling on prior authorisation of public expenditure — Inadmissibility) | 7 |
| 2013/C 046/14 | Case C-364/11: Judgment of the Court (Grand Chamber) of 19 December 2012 (reference for a preliminary ruling from the Fővárosi Bíróság — Hungary) — Mostafa Abed El Karem El Kott, Chadi Amin A Radi, Hazem Kamel Ismail v Bevándorlási és Állampolgársági Hivatal (Directive 2004/83/EC — Minimum standards for determining who qualifies for refugee status or subsidiary protection status — Stateless persons of Palestinian origin who have in fact availed themselves of assistance from the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) — The right of those stateless persons to recognition as refugees on the basis of the second sentence of Article 12(1)(a) of Directive 2004/83 — Conditions under which applicable — Cessation of UNRWA assistance ‘for any reason’ — Evidence — Consequences for the persons concerned seeking refugee status — Persons ‘ipso facto ... entitled to the benefits of [the] Directive’ — Automatic recognition as a‘refugee’ within the meaning of Article 2(c) of Directive 2004/83 and the granting of refugee status in accordance with Article 13 thereof) | 8 |
| 2013/C 046/15 | Case C-374/11: Judgment of the Court (Fourth Chamber) of 19 December 2012 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Directive 75/442/EEC — Domestic waste waters discharged through septic tanks in the countryside — Judgment of the Court finding that a Member State has failed to fulfil obligations — Article 260(2) TFEU — Measures to ensure compliance with a judgment of the Court — Financial penalties — Penalty payment — Lump sum) | 9 |
| 2013/C 046/16 | Case C-445/11 P: Judgment of the Court (Seventh Chamber) of 19 December 2012 — Bavaria NV v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Dutch beer market — Commission decision finding an infringement of Article 81 EC — Fines — Duration of the administrative procedure — Level of the fine) | 9 |
| 2013/C 046/17 | Case C-452/11 P: Judgment of the Court (Seventh Chamber) of 19 December 2012 — Heineken Nederland BV, Heineken NV v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Dutch beer market — Commission decision establishing a breach of Article 81 EC — Fines — Duration of the administrative procedure — Level of the fine) | 10 |
| 2013/C 046/18 | Case C-549/11: Judgment of the Court (Eighth Chamber) of 19 December 2012 (request for a preliminary ruling from the Varhoven administrativen sad — Bulgaria) — Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — grad Burgas pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite v Orfey Balgaria EOOD (VAT — Directive 2006/112/EC — Articles 63, 65, 73 and 80 — Establishment by natural persons of a building right in favour of a company in exchange for construction services by that company for those persons — Barter contract — VAT on construction services — Chargeable event — When chargeable — Payment on account of the entire consideration — Payment on account — Basis of assessment for a transaction in the event of consideration in the form of goods or services — Direct effect) | 10 |
| 2013/C 046/19 | Case C-579/11: Judgment of the Court (Third Chamber) of 19 December 2012 (request for a preliminary ruling from the Tribunal Administrativo e Fiscal do Porto — Portugal) — Grande Área Metropolitana do Porto (GAMP) v Comissão Directiva do Programa Operacional Potencial Humano, Ministério do Ambiente e do Ordenamento do Território, Ministério do Trabalho e da Solidariedade Social (Structural funds — Regulation (EC) No 1083/2006 — Geographical eligibility — Implementation of an investment co-financed by the European Union from a place located outside of the eligible regions and by an operator established in such a place) | 11 |
| 2013/C 046/20 | Case C-460/12: Reference for a preliminary ruling from the Krajský súd v Prešove (Slovakia) lodged on 15 October 2012 — SKP v Ján Bríla | 11 |
| 2013/C 046/21 | Case C-470/12: Reference for a preliminary ruling from the Okresný súd Svidník (Slovakia) lodged on 19 October 2012 — Pohotovosť, s.r.o. v Miroslav Vašuta | 12 |
| 2013/C 046/22 | Case C-508/12: Request for a preliminary ruling from the Landesgericht Salzburg (Austria) lodged on 9 November 2012 — Walter Vapenik v Josef Thurner | 12 |
| 2013/C 046/23 | Case C-510/12: Request for a preliminary ruling from the Hof van Beroep te Gent (Belgium) lodged on 9 November 2012 — Bloomsbury NV v Belgische Staat | 13 |
| 2013/C 046/24 | Case C-519/12: Reference for a preliminary ruling from the Kúria (Hungary) lodged on 19 November 2012 — OTP Bank Nyilvánosan Működő Részvénytársaság v Hochtief Solutions AG | 13 |
| 2013/C 046/25 | Case C-539/12: Reference for a preliminary ruling from Employment Tribunal (United Kingdom) made on 26 November 2012 — ZJR Lock v British Gas Trading Limited & Others | 13 |
| 2013/C 046/26 | Case C-540/12: Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 28 November 2012 — Rena Schmeel v Federal Republic of Germany | 14 |
| 2013/C 046/27 | Case C-541/12: Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 28 November 2012 — Ralf Schuster v Federal Republic of Germany | 14 |
| 2013/C 046/28 | Case C-544/12: Action brought on 27 November 2012 — European Commission v Republic of Poland | 15 |
| 2013/C 046/29 | Case C-549/12 P: Appeal brought by the Federal Republic of Germany against the judgment of the General Court (Third Chamber) of 19 September 2012 in Case T-265/08 Federal Republic of Germany v European Commission, lodged on 29 November 2012 | 15 |
| 2013/C 046/30 | Case C-578/12 P: Appeal brought on 6 December 2012 by El Corte Inglés, SA against the judgment of the General Court (Sixth Chamber) delivered on 27 September 2012 in Case T-39/10: El Corte Inglés, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) | 16 |
| 2013/C 046/31 | Case C-590/12: Request for a preliminary ruling from the Amtsgericht Winsen (Luhe) (Germany) lodged on 17 December 2012 — Andrea Merten v ERGO Lebensversicherung AG | 17 |
| | General Court |
| 2013/C 046/32 | Case T-568/11: Judgment of the General Court of 11 January 2013 — Kokomarina v OHIM — Euro Shoe Group (interdit de me gronder IDMG) (Community trade mark — Opposition proceedings — International registration designating the European Community — Figurative mark interdit de me gronder IDMG — Earlier Benelux word mark DMG — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark disputed for the first time before the General Court) | 18 |
| 2013/C 046/33 | Case T-255/12: Order of the General Court of 12 December 2012 — Vakili v Council (Common foreign and security policy — Restrictive measures taken against Iran in order to prevent nuclear proliferation — Freezing of funds — Withdrawal from the list of persons concerned — No need to adjudicate) | 18 |
| 2013/C 046/34 | Case T-531/12: Action brought on 6 December 2012 — Tifosi Optics v OHIM — Tom Tailor (T) | 18 |
| 2013/C 046/35 | Case T-533/12: Action brought on 7 December 2012 — IBSolution v OHIM — IBS (IBSolution) | 19 |
| 2013/C 046/36 | Case T-537/12: Action brought on 12 December 2012 — Zafeiropoulos v European Centre for the Development of Vocational Training (Cedefop) | 19 |
| 2013/C 046/37 | Case T-541/12: Action brought on 12 December 2012 — Wedi v OHIM — Mehlhose Bauelemente für Dachrand + Fassade (BALCO) | 21 |
| 2013/C 046/38 | Case T-547/12: Action brought on 18 December 2012 — Teva Pharma and Teva Pharmaceuticals Europe v EMA | 21 |
| 2013/C 046/39 | Case T-552/12: Action brought on 21 December 2012 — North Drilling v Council | 22 |
| 2013/C 046/40 | Case T-558/12: Action brought on 24 December 2012 — Changshu City Standard Parts Factory v Council | 22 |
| 2013/C 046/41 | Case T-559/12: Action brought on 24 December 2012 — Ningbo Jinding Fastener v Council | 23 |
| 2013/C 046/42 | Case T-561/12: Action brought on 19 December 2012 — Beninca v Commission | 23 |
| 2013/C 046/43 | Case T-562/12: Action brought on 24 December 2012 — Dalli v Commission | 24 |
| | European Union Civil Service Tribunal |
| 2013/C 046/44 | Case F-44/05 RENV: Judgment of the Civil Service Tribunal (Second Chamber) of 23 October 2012 — Strack v Commission (Civil Service — Officials — Referral to the Tribunal following annulment — Waiver of immunity of the servants of an institution in respect of words spoken and documents written in the course of legal proceedings — Appointment to a post of Head of Unit — Rejection of an application — Action for annulment — Unsuccessful candidate’s interest in bringing proceedings — Authority of res judicata — Procedural defect — Balancing of the interests at stake — Action for damages — Non-material damage suffered by reason of an irregularity) | 25 |
| 2013/C 046/45 | Case F-63/09: Judgment of the Civil Service Tribunal (Second Chamber) of 13 December 2012 — Donati v ECB (Civil service — ECB Staff — Complaint of psychological harassment — Administrative inquiry — Access to the file of the inquiry — Transmission of the case-file to persons impugned in the complaint — Duty of confidentiality — Respect for the rights of the defence) | 25 |
| 2013/C 046/46 | Case F-96/09: Judgment of the Civil Service Tribunal (Second Chamber) of 18 September 2012 — Cuallado Martorell v Commission (Civil service — Open competition — Non-admission to the oral test following results obtained in written tests — Requests for review — Specific right of candidates to have access to certain information concerning them — Purpose and scope — Right of access to corrected written tests — None) | 26 |
| 2013/C 046/47 | Case F-65/10: Judgment of the Civil Service Tribunal (Second Chamber) of 11 December 2012 — Mata Blanco v Commission (Civil service — Internal competition COM/INT/OLAF/09/AD10 — Combating fraud — Respective competences of EPSO and the selection board — Admission tests supervised by the selection board — Oral test — Infringement of the notice of competition — Difference between marks — Evaluation criteria — Equal treatment of candidates — Manifest error of assessment — Principles of transparency and of sound administration — Obligation to state reasons) | 26 |
| 2013/C 046/48 | Case F-85/10: Judgment of the Civil Service Tribunal (Second Chamber) of 11 July 2012 — AI v Court of Justice (Civil service — Members of the temporary staff — Internal competition — Elimination from the competition in consequence of the result obtained in the first written test — Reexamination — Equal treatment — Reclassification of a fixed-term employment contract as a contract for an indefinite period — Non-renewal of a fixed-term contract as a member of the temporary staff — Action for annulment — Action for damages) | 26 |
| 2013/C 046/49 | Case F-122/10: Judgment of the Civil Service Tribunal (First Chamber) of 11 December 2012 — Cocchi and Falcione v Commission (Civil service — Officials — Pension — Transfer of pension rights acquired under a national pension — Withdrawal of a transfer proposal — Measure not having conferred subjective rights or other similar benefits) | 27 |
| 2013/C 046/50 | Case F-1/11: Judgment of the Civil Service Tribunal (First Chamber) of 20 November 2012 — Soukup v Commission (Civil service — Open competition — Non-inclusion on the reserve list — Evaluation of the oral test) | 27 |
| 2013/C 046/51 | Joined Cases F-7/11 and F-60/11: Judgment of the Civil Service Tribunal (Second Chamber) of 13 December 2012 — AX v ECB (Civil service — ECB Staff — Disciplinary proceedings — Suspension of a staff member without reduction of his basic salary — Withdrawal of a decision — Rights of the defence — Access to the file — Statement of reasons — Reasons for a decision — Allegation of breach of professional duties — Serious misconduct) | 27 |
| 2013/C 046/52 | Case F-10/11: Judgment of the Civil Service Tribunal (First Chamber) of 20 November 2012 — Ghiba v Commission (Civil service — Internal competition — Non-admission to participate in a competition — Eligibility conditions — Concept of services attached to the Commission) | 28 |
| 2013/C 046/53 | Case F-29/11: Judgment of the Civil Service Tribunal (First Chamber) of 5 December 2012 — BA v Commission (Civil service — Open competition — Competition notice EPSO/AD/147/09 — Creation of a reserve list for the recruitment of administrators having Romanian citizenship — In-depth knowledge of the official language of Romania — Hungarian language minority in Romania — Not admitted to the oral test — Principles of equal treatment and non-discrimination — Scope) | 28 |
| 2013/C 046/54 | Case F-42/11: Judgment of the Civil Service Tribunal (Second Chamber) of 13 December 2012 — Honnefelder v Commission (Civil service — Open competition — Annulment of the decision of a selection board — Implementation of a judgment — Principle of legality — Plea of illegality against a decision to reopen the procedure for an open competition) | 28 |
| 2013/C 046/55 | Case F-54/11: Judgment of the Civil Service Tribunal (Second Chamber) of 17 July 2012 — BG v European Ombudsman (Civil service — Disciplinary measure — Disciplinary sanction — Removal from post — Existence of a preliminary investigation before the national criminal courts at the time of adoption of the decision to remove the applicant from her post — Equal treatment for men and women — Prohibition of the dismissal of a pregnant worker during the period from the beginning of pregnancy to the end of maternity leave) | 29 |
| 2013/C 046/56 | Case F-57/11: Judgment of the Civil Service Tribunal (Second Chamber) of 23 October 2012 — Eklund v Commission (Civil service — Recruitment — Open competition — Inclusion on the reserve list — Offer of employment made to a person on a reserve list — Conditions of admission — Professional experience acquired after graduation — Respective powers of the selection board and the Appointing Authority — Acceptance of the offer of employment — Withdrawal of the offer of employment) | 29 |
| 2013/C 046/57 | Case F-79/11: Judgment of the Civil Service Tribunal (Second Chamber) of 20 June 2012 — Menidiatis v Commission (Civil Service — Officials — Recruitment — Rejection of application — Implementation of the judgment annulling the decision — Reasonable time — Individual implementing measures — Loss of opportunity) | 30 |
| 2013/C 046/58 | Case F-97/11: Judgment of the Civil Service Tribunal (First Chamber) of 11 December 2012 — Vienne v Parliament (Civil service — Financial rules — Family allowances — Household allowance — End of entitlement to household allowance — Dissolution of marriage) | 30 |
| 2013/C 046/59 | Case F-101/11: Judgment of the Civil Service Tribunal (Second Chamber) of 13 December 2012 — Mileva v Commission (Civil service — Open competition — Notice of competition EPSO/AD/188/10 — Non-inclusion on the reserve list — Composition of the selection board — Permanent and non-permanent members) | 30 |
| 2013/C 046/60 | Case F-107/11: Judgment of the Civil Service Tribunal (Second Chamber) of 11 December 2012 — Ntouvas v ECDC (Civil service — Contract staff — 2010 appraisal procedure — Application for annulment of the appraisal report) | 31 |
| 2013/C 046/61 | Case F-61/11: Order of the Civil Service Tribunal (Second Chamber) of 23 October 2012 — Possanzini v Frontex (Civil service — Temporary staff — Procedure relating to the renewal of a temporary staff contract — Communication to the staff member of the negative opinion of the reporting officer as regards renewal — Act adversely affecting an official — None — Application for annulment of unfavourable comments on performance in annual appraisal reports — Action manifestly inadmissible) | 31 |
| 2013/C 046/62 | Case F-122/11: Order of the Civil Service Tribunal (Second Chamber) of 23 November 2012 — Vacarescu v Commission (Civil service — Lateness — Manifest inadmissibility) | 31 |
| 2013/C 046/63 | Case F-45/12: Order of the Civil Service Tribunal (First Chamber) of 3 December 2012 — BT v Commission (Civil service — Contract staff — Non-renewal of the contract — Insufficient grounds stated for the action — Action manifestly inadmissible) | 32 |
| 2013/C 046/64 | Case F-50/12: Order of the Civil Service Tribunal (Second Chamber) of 16 November 2012 — Ciora v Commission (Civil Service — Notice of competition EPSO/AD/198/10 — Non-admission to the competition — Action — Failure to comply with the pre-litigation procedure — Manifest inadmissibility) | 32 |
| 2013/C 046/65 | Case F-109/12: Order of the Civil Service Tribunal (Second Chamber) of 5 December 2012 — Scheidemann v Parliament (Civil service — Officials — Interinstitutional transfer during the promotion exercise during which the civil servant was eligible for promotion in her institution of origin — Application to benefit from a retroactive promotion — Specific rejection decision which took effect after the implicit decision — Time-limit for lodging a complaint — Out of time — Out of time) | 32 |
| 2013/C 046/66 | Case F-117/12: Order of the Civil Service Tribunal (First Chamber) of 12 December 2012 — AD v Commission (Civil service — Lateness — Manifest inadmissibility) | 32 |
| 2013/C 046/67 | Case F-37/11: Order of the Civil Service Tribunal of 5 September 2012 — Skovbjerg v Commission | 33 |
| 2013/C 046/68 | Case F-49/11: Order of the Civil Service Tribunal of 8 March 2012 — BE v Commission | 33 |
| 2013/C 046/69 | Case F-55/11: Order of the Civil Service Tribunal of 12 December 2012 — Chatzidoukakis v Commission | 33 |
| 2013/C 046/70 | Case F-64/11: Order of the European Union Civil Service Tribunal of 20 June 2012 — Westeren v Commission | 33 |
| 2013/C 046/71 | Case F-11/12: Order of the Civil Service Tribunal of 26 June 2012 — Ciora v Commission | 33 |
| 2013/C 046/72 | Case F-80/12: Order of the Civil Service Tribunal of 3 December 2012 — de Bruin v EIT | 33 |
| 2013/C 046/73 | Case F-106/12: Order of the Civil Service Tribunal of 12 December 2012 — Goddijn v Europol | 33 |

V   Announcements

COURT PROCEEDINGS

Court of Justice

2013/C 046/02

Case C-534/10 P: Judgment of the Court (First Chamber) of 19 December 2012 — Brookfield New Zealand Ltd, Elaris SNC v Community Plant Variety Office (CPVO), Schniga GmbH (Appeal — Community plant variety rights — Regulation (EC) No 2100/94 — Article 73(2) — Decision of the Board of Appeal of the CPVO refusing an application for a Community plant variety right — Discretion — Review by the General Court — Article 55(4) read in conjunction with Article 61(1)(b) — Right of the CPVO to make a new request for the submission of plant material)

2

2013/C 046/03

Case C-577/10: Judgment of the Court (Fourth Chamber) of 19 December 2012 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Article 56 TFEU — Freedom to provide services — National legislation which imposes a prior declaration requirement on self-employed service providers established in other Member States — Criminal penalties — Obstacle to freedom to provide services — Objectively justified distinction — Overriding requirements in the public interest — Prevention of fraud — Protection against unfair competition — Protection of self-employed workers — Proportionality)

2

2013/C 046/04

Case C-68/11: Judgment of the Court (First Chamber) of 19 December 2012 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Environment — Directive 1999/30/EC — Pollution control — Limit values for concentrations of PM10 in ambient air)

10

3

2013/C 046/05

Case C-149/11: Judgment of the Court (Second Chamber) of 19 December 2012 (request for a preliminary ruling from the Gerechtshof te ’s-Gravenhage — Netherlands) — Leno Merken BV v Hagelkruis Beheer BV (Community trade mark — Regulation (EC) No 207/2009 — Article 15(1) — ‘Genuine use of the trade mark’ — Territorial scope of use — Use of the Community trade mark in a single Member State — Whether sufficient)

3

2013/C 046/06

Case C-159/11: Judgment of the Court (Grand Chamber) of 19 December 2012 (reference for a preliminary ruling from the Consiglio di Stato — Italy) — Azienda Sanitaria Locale di Lecce, Università del Salento v Ordine degli Ingegneri della Provincia di Lecce and Others (Public contracts — Directive 2004/18/EC — Article 1(2)(a) and (d) — Services — Study and evaluation of the seismic vulnerability of hospital structures — Contract concluded between two public entities, one of which is a university — Public entity capable of being classified as an economic operator — Contract for pecuniary interest — Consideration not exceeding the costs incurred)

4

2013/C 046/07

Case C-207/11: Judgment of the Court (First Chamber) of 19 December 2012 (request for a preliminary ruling from the Commissione tributaria regionale di Milano — Italy) — 3D I srl v Agenzia delle Entrate — Ufficio di Cremona (Taxation — Directive 90/434/EEC — Common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States — Articles 2, 4 and 9 — Transfer of assets — Taxation of the capital gains obtained by the transferring company at the time of the transfer of assets — Deferral of taxation — Requirement that a reserve fund for the suspended tax corresponding to the value of the capital gains obtained be carried over in the balance sheet of the transferring company)

4

2013/C 046/08

Case C-279/11: Judgment of the Court (Fourth Chamber) of 19 December 2012 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Directive 85/337/EEC — Assessment of the effects of certain public and private projects on the environment — Incorrect transposition — Annexe II — Point 1(a) to (c) — Judgment of the Court of Justice — Finding of infringement — Article 260 TFEU — Pecuniary penalties — Lump sum payment — Member State’s ability to pay — Economic crisis — Assessment on the basis of current economic data)

5

2013/C 046/09

Case C-288/11 P: Judgment of the Court (Eighth Chamber) of 19 December 2012 — Mitteldeutsche Flughafen AG, Flughafen Leipzig-Halle GmbH v European Commission, Federal Republic of Germany, Arbeitsgemeinschaft Deutscher Verkehrsflughäfen eV (ADV) (Appeal — State aids — Concept of ‘undertaking’ — Economic activity — Airport infrastructure construction — Runway)

5

2013/C 046/10

Case C-310/11: Judgment of the Court (Second Chamber) of 19 December 2012 (request for a preliminary ruling from the First-tier Tribunal (Tax Chamber) — United Kingdom) — Grattan plc v The Commissioners for Her Majesty’s Revenue & Customs (Taxation — VAT — Second Directive 67/228/EEC — Article 8(a) — Sixth Directive 77/388/EEC — Supply of goods — Basis of assessment — Commission paid by a mail order company to its agent — Purchases by third-party customers — Price reduction after the chargeable event — Direct effect)

6

2013/C 046/11

Case C-314/11 P: Judgment of the Court (First Chamber) of 19 December 2012 — European Commission v Planet AE (Appeals — Protection of the financial interests of the European Union — Identification of the level of risk associated with an entity — Early warning system — OLAF investigation — Decisions — Requests for activation of W1a and W1b warnings — Reviewable measures — Admissibility)

6

2013/C 046/12

Case C-325/11: Judgment of the Court (First Chamber) of 19 December 2012 (request for a preliminary ruling from the Sąd Rejonowy w Koszalinie — Poland) — Krystyna Alder, Ewald Alder v Sabina Orłowska, Czesław Orłowski (Regulation (EC) No 1393/2007 — Service of documents — Party domiciled in the territory of another Member State — Representative domiciled in national territory — None — Procedural documents placed in the case file — Presumption of knowledge)

7

2013/C 046/13

Case C-363/11: Judgment of the Court (Third Chamber) of 19 December 2012 (request for a preliminary ruling from the Elegktiko Sinedrio — Greece) — Epitropos tou Elegktikou Sinedriou sto Ipourgio Politismou kai Tourismou v Ipourgio Politismou kai Tourismou — Ipiresia Dimosionomikou Elenchou (Request for a preliminary ruling — Concept of ‘court or tribunal of a Member State’ within the meaning of Article 267 TFEU — Proceedings intended to lead to a decision of a judicial nature — National court of auditors ruling on prior authorisation of public expenditure — Inadmissibility)

7

2013/C 046/14

Case C-364/11: Judgment of the Court (Grand Chamber) of 19 December 2012 (reference for a preliminary ruling from the Fővárosi Bíróság — Hungary) — Mostafa Abed El Karem El Kott, Chadi Amin A Radi, Hazem Kamel Ismail v Bevándorlási és Állampolgársági Hivatal (Directive 2004/83/EC — Minimum standards for determining who qualifies for refugee status or subsidiary protection status — Stateless persons of Palestinian origin who have in fact availed themselves of assistance from the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) — The right of those stateless persons to recognition as refugees on the basis of the second sentence of Article 12(1)(a) of Directive 2004/83 — Conditions under which applicable — Cessation of UNRWA assistance ‘for any reason’ — Evidence — Consequences for the persons concerned seeking refugee status — Persons ‘ipso facto ... entitled to the benefits of [the] Directive’ — Automatic recognition as a‘refugee’ within the meaning of Article 2(c) of Directive 2004/83 and the granting of refugee status in accordance with Article 13 thereof)

8

2013/C 046/15

Case C-374/11: Judgment of the Court (Fourth Chamber) of 19 December 2012 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Directive 75/442/EEC — Domestic waste waters discharged through septic tanks in the countryside — Judgment of the Court finding that a Member State has failed to fulfil obligations — Article 260(2) TFEU — Measures to ensure compliance with a judgment of the Court — Financial penalties — Penalty payment — Lump sum)

9

2013/C 046/16

Case C-445/11 P: Judgment of the Court (Seventh Chamber) of 19 December 2012 — Bavaria NV v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Dutch beer market — Commission decision finding an infringement of Article 81 EC — Fines — Duration of the administrative procedure — Level of the fine)

9

2013/C 046/17

Case C-452/11 P: Judgment of the Court (Seventh Chamber) of 19 December 2012 — Heineken Nederland BV, Heineken NV v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Dutch beer market — Commission decision establishing a breach of Article 81 EC — Fines — Duration of the administrative procedure — Level of the fine)

10

2013/C 046/18

Case C-549/11: Judgment of the Court (Eighth Chamber) of 19 December 2012 (request for a preliminary ruling from the Varhoven administrativen sad — Bulgaria) — Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — grad Burgas pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite v Orfey Balgaria EOOD (VAT — Directive 2006/112/EC — Articles 63, 65, 73 and 80 — Establishment by natural persons of a building right in favour of a company in exchange for construction services by that company for those persons — Barter contract — VAT on construction services — Chargeable event — When chargeable — Payment on account of the entire consideration — Payment on account — Basis of assessment for a transaction in the event of consideration in the form of goods or services — Direct effect)

10

2013/C 046/19

Case C-579/11: Judgment of the Court (Third Chamber) of 19 December 2012 (request for a preliminary ruling from the Tribunal Administrativo e Fiscal do Porto — Portugal) — Grande Área Metropolitana do Porto (GAMP) v Comissão Directiva do Programa Operacional Potencial Humano, Ministério do Ambiente e do Ordenamento do Território, Ministério do Trabalho e da Solidariedade Social (Structural funds — Regulation (EC) No 1083/2006 — Geographical eligibility — Implementation of an investment co-financed by the European Union from a place located outside of the eligible regions and by an operator established in such a place)

11

2013/C 046/20

Case C-460/12: Reference for a preliminary ruling from the Krajský súd v Prešove (Slovakia) lodged on 15 October 2012 — SKP v Ján Bríla

11

2013/C 046/21

Case C-470/12: Reference for a preliminary ruling from the Okresný súd Svidník (Slovakia) lodged on 19 October 2012 — Pohotovosť, s.r.o. v Miroslav Vašuta

12

2013/C 046/22

Case C-508/12: Request for a preliminary ruling from the Landesgericht Salzburg (Austria) lodged on 9 November 2012 — Walter Vapenik v Josef Thurner

12

2013/C 046/23

Case C-510/12: Request for a preliminary ruling from the Hof van Beroep te Gent (Belgium) lodged on 9 November 2012 — Bloomsbury NV v Belgische Staat

13

2013/C 046/24

Case C-519/12: Reference for a preliminary ruling from the Kúria (Hungary) lodged on 19 November 2012 — OTP Bank Nyilvánosan Működő Részvénytársaság v Hochtief Solutions AG

13

2013/C 046/25

Case C-539/12: Reference for a preliminary ruling from Employment Tribunal (United Kingdom) made on 26 November 2012 — ZJR Lock v British Gas Trading Limited & Others

13

2013/C 046/26

Case C-540/12: Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 28 November 2012 — Rena Schmeel v Federal Republic of Germany

14

2013/C 046/27

Case C-541/12: Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 28 November 2012 — Ralf Schuster v Federal Republic of Germany

14

2013/C 046/28

Case C-544/12: Action brought on 27 November 2012 — European Commission v Republic of Poland

15

2013/C 046/29

Case C-549/12 P: Appeal brought by the Federal Republic of Germany against the judgment of the General Court (Third Chamber) of 19 September 2012 in Case T-265/08 Federal Republic of Germany v European Commission, lodged on 29 November 2012

15

2013/C 046/30

Case C-578/12 P: Appeal brought on 6 December 2012 by El Corte Inglés, SA against the judgment of the General Court (Sixth Chamber) delivered on 27 September 2012 in Case T-39/10: El Corte Inglés, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

16

2013/C 046/31

Case C-590/12: Request for a preliminary ruling from the Amtsgericht Winsen (Luhe) (Germany) lodged on 17 December 2012 — Andrea Merten v ERGO Lebensversicherung AG

17

General Court

2013/C 046/32

Case T-568/11: Judgment of the General Court of 11 January 2013 — Kokomarina v OHIM — Euro Shoe Group (interdit de me gronder IDMG) (Community trade mark — Opposition proceedings — International registration designating the European Community — Figurative mark interdit de me gronder IDMG — Earlier Benelux word mark DMG — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark disputed for the first time before the General Court)

18

2013/C 046/33

Case T-255/12: Order of the General Court of 12 December 2012 — Vakili v Council (Common foreign and security policy — Restrictive measures taken against Iran in order to prevent nuclear proliferation — Freezing of funds — Withdrawal from the list of persons concerned — No need to adjudicate)

18

2013/C 046/34

Case T-531/12: Action brought on 6 December 2012 — Tifosi Optics v OHIM — Tom Tailor (T)

18

2013/C 046/35

Case T-533/12: Action brought on 7 December 2012 — IBSolution v OHIM — IBS (IBSolution)

19

2013/C 046/36

Case T-537/12: Action brought on 12 December 2012 — Zafeiropoulos v European Centre for the Development of Vocational Training (Cedefop)

19

2013/C 046/37

Case T-541/12: Action brought on 12 December 2012 — Wedi v OHIM — Mehlhose Bauelemente für Dachrand + Fassade (BALCO)

21

2013/C 046/38

Case T-547/12: Action brought on 18 December 2012 — Teva Pharma and Teva Pharmaceuticals Europe v EMA

21

2013/C 046/39

Case T-552/12: Action brought on 21 December 2012 — North Drilling v Council

22

2013/C 046/40

Case T-558/12: Action brought on 24 December 2012 — Changshu City Standard Parts Factory v Council

22

2013/C 046/41

Case T-559/12: Action brought on 24 December 2012 — Ningbo Jinding Fastener v Council

23

2013/C 046/42

Case T-561/12: Action brought on 19 December 2012 — Beninca v Commission

23

2013/C 046/43

Case T-562/12: Action brought on 24 December 2012 — Dalli v Commission

24

European Union Civil Service Tribunal

2013/C 046/44

Case F-44/05 RENV: Judgment of the Civil Service Tribunal (Second Chamber) of 23 October 2012 — Strack v Commission (Civil Service — Officials — Referral to the Tribunal following annulment — Waiver of immunity of the servants of an institution in respect of words spoken and documents written in the course of legal proceedings — Appointment to a post of Head of Unit — Rejection of an application — Action for annulment — Unsuccessful candidate’s interest in bringing proceedings — Authority of res judicata — Procedural defect — Balancing of the interests at stake — Action for damages — Non-material damage suffered by reason of an irregularity)

25

2013/C 046/45

Case F-63/09: Judgment of the Civil Service Tribunal (Second Chamber) of 13 December 2012 — Donati v ECB (Civil service — ECB Staff — Complaint of psychological harassment — Administrative inquiry — Access to the file of the inquiry — Transmission of the case-file to persons impugned in the complaint — Duty of confidentiality — Respect for the rights of the defence)

25

2013/C 046/46

Case F-96/09: Judgment of the Civil Service Tribunal (Second Chamber) of 18 September 2012 — Cuallado Martorell v Commission (Civil service — Open competition — Non-admission to the oral test following results obtained in written tests — Requests for review — Specific right of candidates to have access to certain information concerning them — Purpose and scope — Right of access to corrected written tests — None)

26

2013/C 046/47

Case F-65/10: Judgment of the Civil Service Tribunal (Second Chamber) of 11 December 2012 — Mata Blanco v Commission (Civil service — Internal competition COM/INT/OLAF/09/AD10 — Combating fraud — Respective competences of EPSO and the selection board — Admission tests supervised by the selection board — Oral test — Infringement of the notice of competition — Difference between marks — Evaluation criteria — Equal treatment of candidates — Manifest error of assessment — Principles of transparency and of sound administration — Obligation to state reasons)

26

2013/C 046/48

Case F-85/10: Judgment of the Civil Service Tribunal (Second Chamber) of 11 July 2012 — AI v Court of Justice (Civil service — Members of the temporary staff — Internal competition — Elimination from the competition in consequence of the result obtained in the first written test — Reexamination — Equal treatment — Reclassification of a fixed-term employment contract as a contract for an indefinite period — Non-renewal of a fixed-term contract as a member of the temporary staff — Action for annulment — Action for damages)

26

2013/C 046/49

Case F-122/10: Judgment of the Civil Service Tribunal (First Chamber) of 11 December 2012 — Cocchi and Falcione v Commission (Civil service — Officials — Pension — Transfer of pension rights acquired under a national pension — Withdrawal of a transfer proposal — Measure not having conferred subjective rights or other similar benefits)

27

2013/C 046/50

Case F-1/11: Judgment of the Civil Service Tribunal (First Chamber) of 20 November 2012 — Soukup v Commission (Civil service — Open competition — Non-inclusion on the reserve list — Evaluation of the oral test)

27

2013/C 046/51

Joined Cases F-7/11 and F-60/11: Judgment of the Civil Service Tribunal (Second Chamber) of 13 December 2012 — AX v ECB (Civil service — ECB Staff — Disciplinary proceedings — Suspension of a staff member without reduction of his basic salary — Withdrawal of a decision — Rights of the defence — Access to the file — Statement of reasons — Reasons for a decision — Allegation of breach of professional duties — Serious misconduct)

27

2013/C 046/52

Case F-10/11: Judgment of the Civil Service Tribunal (First Chamber) of 20 November 2012 — Ghiba v Commission (Civil service — Internal competition — Non-admission to participate in a competition — Eligibility conditions — Concept of services attached to the Commission)

28

2013/C 046/53

Case F-29/11: Judgment of the Civil Service Tribunal (First Chamber) of 5 December 2012 — BA v Commission (Civil service — Open competition — Competition notice EPSO/AD/147/09 — Creation of a reserve list for the recruitment of administrators having Romanian citizenship — In-depth knowledge of the official language of Romania — Hungarian language minority in Romania — Not admitted to the oral test — Principles of equal treatment and non-discrimination — Scope)

28

2013/C 046/54

Case F-42/11: Judgment of the Civil Service Tribunal (Second Chamber) of 13 December 2012 — Honnefelder v Commission (Civil service — Open competition — Annulment of the decision of a selection board — Implementation of a judgment — Principle of legality — Plea of illegality against a decision to reopen the procedure for an open competition)

28

2013/C 046/55

Case F-54/11: Judgment of the Civil Service Tribunal (Second Chamber) of 17 July 2012 — BG v European Ombudsman (Civil service — Disciplinary measure — Disciplinary sanction — Removal from post — Existence of a preliminary investigation before the national criminal courts at the time of adoption of the decision to remove the applicant from her post — Equal treatment for men and women — Prohibition of the dismissal of a pregnant worker during the period from the beginning of pregnancy to the end of maternity leave)

29

2013/C 046/56

Case F-57/11: Judgment of the Civil Service Tribunal (Second Chamber) of 23 October 2012 — Eklund v Commission (Civil service — Recruitment — Open competition — Inclusion on the reserve list — Offer of employment made to a person on a reserve list — Conditions of admission — Professional experience acquired after graduation — Respective powers of the selection board and the Appointing Authority — Acceptance of the offer of employment — Withdrawal of the offer of employment)

29

2013/C 046/57

Case F-79/11: Judgment of the Civil Service Tribunal (Second Chamber) of 20 June 2012 — Menidiatis v Commission (Civil Service — Officials — Recruitment — Rejection of application — Implementation of the judgment annulling the decision — Reasonable time — Individual implementing measures — Loss of opportunity)

30

2013/C 046/58

Case F-97/11: Judgment of the Civil Service Tribunal (First Chamber) of 11 December 2012 — Vienne v Parliament (Civil service — Financial rules — Family allowances — Household allowance — End of entitlement to household allowance — Dissolution of marriage)

30

2013/C 046/59

Case F-101/11: Judgment of the Civil Service Tribunal (Second Chamber) of 13 December 2012 — Mileva v Commission (Civil service — Open competition — Notice of competition EPSO/AD/188/10 — Non-inclusion on the reserve list — Composition of the selection board — Permanent and non-permanent members)

30

2013/C 046/60

Case F-107/11: Judgment of the Civil Service Tribunal (Second Chamber) of 11 December 2012 — Ntouvas v ECDC (Civil service — Contract staff — 2010 appraisal procedure — Application for annulment of the appraisal report)

31

2013/C 046/61

Case F-61/11: Order of the Civil Service Tribunal (Second Chamber) of 23 October 2012 — Possanzini v Frontex (Civil service — Temporary staff — Procedure relating to the renewal of a temporary staff contract — Communication to the staff member of the negative opinion of the reporting officer as regards renewal — Act adversely affecting an official — None — Application for annulment of unfavourable comments on performance in annual appraisal reports — Action manifestly inadmissible)

31

2013/C 046/62

Case F-122/11: Order of the Civil Service Tribunal (Second Chamber) of 23 November 2012 — Vacarescu v Commission (Civil service — Lateness — Manifest inadmissibility)

31

2013/C 046/63

Case F-45/12: Order of the Civil Service Tribunal (First Chamber) of 3 December 2012 — BT v Commission (Civil service — Contract staff — Non-renewal of the contract — Insufficient grounds stated for the action — Action manifestly inadmissible)

32

2013/C 046/64

Case F-50/12: Order of the Civil Service Tribunal (Second Chamber) of 16 November 2012 — Ciora v Commission (Civil Service — Notice of competition EPSO/AD/198/10 — Non-admission to the competition — Action — Failure to comply with the pre-litigation procedure — Manifest inadmissibility)

32

2013/C 046/65

Case F-109/12: Order of the Civil Service Tribunal (Second Chamber) of 5 December 2012 — Scheidemann v Parliament (Civil service — Officials — Interinstitutional transfer during the promotion exercise during which the civil servant was eligible for promotion in her institution of origin — Application to benefit from a retroactive promotion — Specific rejection decision which took effect after the implicit decision — Time-limit for lodging a complaint — Out of time — Out of time)

32

2013/C 046/66

Case F-117/12: Order of the Civil Service Tribunal (First Chamber) of 12 December 2012 — AD v Commission (Civil service — Lateness — Manifest inadmissibility)

32

2013/C 046/67

Case F-37/11: Order of the Civil Service Tribunal of 5 September 2012 — Skovbjerg v Commission

33

2013/C 046/68

Case F-49/11: Order of the Civil Service Tribunal of 8 March 2012 — BE v Commission

33

2013/C 046/69

Case F-55/11: Order of the Civil Service Tribunal of 12 December 2012 — Chatzidoukakis v Commission

33

2013/C 046/70

Case F-64/11: Order of the European Union Civil Service Tribunal of 20 June 2012 — Westeren v Commission

33

2013/C 046/71

Case F-11/12: Order of the Civil Service Tribunal of 26 June 2012 — Ciora v Commission

33

2013/C 046/72

Case F-80/12: Order of the Civil Service Tribunal of 3 December 2012 — de Bruin v EIT

33

2013/C 046/73

Case F-106/12: Order of the Civil Service Tribunal of 12 December 2012 — Goddijn v Europol

33

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